Criminal Law

Book 1
(Arts. 1 to 113, RPC)

Ariel C. Manlusoc
R.C., MA. Crim., LLB, Ph. D. Crim.
 Criminal law
 is the branch of public (municipal)
substantive law which defines
crimes, treats of their nature and
provides for their punishment.
 CHARACTERISTICS OF CRIMINAL LAW
(PGT)
1. Generality – binding on all persons who live or
sojourn in the Philippine territory (Art. 14, NCC).
Exceptions: “TIP”
a. Treaty Stipulation
b. Principles of Public International Law
d. Law on Preferential Application
The following persons are exempted :

1. Sovereign and other chief of states;

2. Ambassadors, ministers, plenipotentiary,
minister resident and charges d’affaires

Consuls, vice consuls and other

commercial representatives of foreign nation
cannot claim the privileges and immunities
accorded to ambassadors and ministers.
2. Territoriality
 General Rule: Penal laws of the Philippines are
enforceable only within its territory. (Art. 1, 1987
Constitution).

 Exceptions : (Art 2, RPC) those enforceable even

outside Philippine territory.

 Exception to the Exception: Penal laws not

applicable within or without Philippine Territory if
so provided in treaties and laws of preferential
application.
 NATIONAL TERRITORY
“The national territory comprises the Philippine
archipelago, with all the islands and waters embraced
therein, and all other territories over which the Philippines
has sovereignty or jurisdiction, consisting of its terrestrial,
fluvial and aerial domains, including the territorial sea, the
seabed, the subsoil, the insular shelves and other
submarine areas. The water around, between and
connecting the islands of the archipelago regardless of
their breadth and dimensions form part of the internal
waters of the Philippines. (Art. I, 1987 Constitution)
Territory - It is the fixed portion of the surface
of the earth inhabited by the people of the state.
Terrestrial Domain = the Land Mass.
Maritime and Fluvial Domain =the Inland and
External waters.
Territorial Sea/ Contiguous Zone extends to
12 Nautical Miles
Exclusive Economic Zone (EEZ) = 200 N.M.
Aerial Domain = Air Space above the land and
waters.
3. Prospective
General Rule: Penal laws cannot make an act
punishable in a manner in which it was not
punishable when committed.

 Exception: It may be given retroactive effect

when the law is favorable to the accused .

 Exception to the Exception: (a) The new law is

expressly made inapplicable to pending actions or
existing causes of actions, and (2) Offender is a
habitual delinquent.
 Legal Maxims
“Nullum crimen nulla poena sine lege” –
meaning there is no crime when there is no law
punishing such act.
“Actus me invitus factus non est meus actus” --
“An act done by me against my will is not my
act”
While ignorance of the law excuses no one
(ignorantia lege neminem excusat), a mistake of
fact excuses the actor from liability (ignoranti
facti excusat).
“Non facit reum nisi mens sit rea” (an act does
not make the doer guilty, unless the mind is
guilty.)

“Dura Lex Sed Lex” (The law is hard, but it is the

law.)

“ El que es causa dela causa es causa del mal

causado” (He who is the cause of the cause is the
cause of the evil cause.)

“Mens rea” ( Evil intent)

 LIMITATIONS ON THE POWER OF
CONGRESS TO ENACT PENAL LAWS:
No ex post facto law or bill of attainder shall be
enacted.

 Ex post facto law = a law that would make a previous

act criminal although it was not so at the time it was
committed.
 Bill of attainder = a legislative act that inflicts
punishment without trial. Its essence being the
substitution of legislative fiat for a judicial determination
of guilt.

No person shall be held to answer for a criminal

offense without due process of law (Art III, Sec 14 [1]).
 THEORIES IN CRIMINAL LAW

Classical Theory
 = the basis of criminal liability is human free
will and the purpose of the penalty is
retribution.
 = endeavored to establish a mechanical and
direct proportion between crime and penalty,
and there is scant regard to the human element.
 = RPC is generally governed by this theory.
Positivist Theory
 = basis of criminal liability is the sum of the social,
natural and economic phenomena to which the
actor is exposed wherein prevention and correction
are the purposes of penalty.
 ---This theory is exemplified in the provisions
regarding impossible crimes and habitual
delinquency.
Eclectic or Mixed Theory
 = combination of positivist and classical thinking
wherein crimes that are economic and social in
nature should be dealt in a positive manner, thus,
the law is more compassionate.
SOURCES OF CRIMINAL LAW:
 Act 3815 otherwise known as “The Revised
Penal Code”.
 Special Laws which are Penal in nature
(Special Penal Laws)
 City, Municipal, Provincial Ordinances

ACT NO. 3815 -- AN ACT REVISING THE

PENAL CODE AND OTHER PENAL
LAWS (Approved :December 8, 1930, took
effect, January 1, 1932)
Article 1. Time when Act takes effect. — This Code shall take effect on
the first day of January, nineteen hundred and thirty-two. (January 1,
1932)
Art. 2. Application of its provisions. — Except as provided in the treaties
and laws of preferential application, the provisions of this Code shall
be enforced not only within the Philippine Archipelago, including its
atmosphere, its interior waters and maritime zone, but also outside of
its jurisdiction, against those who:
 1. Should commit an offense while on a Philippine ship or airship;
 2. Should forge or counterfeit any coin or currency note of the
Philippine Islands or obligations and securities issued by the
Government of the Philippine Islands;
 3. Should be liable for acts connected with the introduction into these
islands of the obligations and securities mentioned in the presiding
number;
 4. While being public officers or employees, should commit an offense
in the exercise of their functions; or
 5. Should commit any of the crimes against national security and the
law of nations, defined in Title One of Book Two of this Code.
RULES ON VESSELS:
A. Philippine vessel or aircraft
 Must be understood as that which is registered in the Philippine
Bureau of Customs.
B. Foreign Merchant Vessels
 FRENCH RULE (Flag or Nationality Rule)
Gen. Rule: Crimes committed aboard a vessel within the territorial
waters of a country are not triable in the courts of said country. (It
is triable to the court of the country where the vessel is registered.)
Exception: When their commission affects the peace and security of
the territory or when the safety of the state is endangered.
 ENGLISH RULE (Territoriality Principle or Situs of the
Crime):
Gen. Rule: Crimes committed aboard a vessel within the territorial
waters of a country are triable in the courts of such country.
Exception: When the crimes merely affect things within the vessel
or when they only refer to the internal management thereof.
2.  RULES ON FORGERY:
 A. Forgery committed by giving to a treasury
or bank note or any instrument payable to
bearer or to order the appearance of a true
genuine document or by erasing, substituting,
counterfeiting, or altering, by any means the
figures, letters, words or signs contained
therein.
 B. If forgery was committed abroad, it must
refer only to Philippine coin, currency note, or
obligations and securities.
OFFENSES COMMITTED BY PUBLIC OFFICERS
OR EMPLOYEES IN THE EXERCISE OF THEIR
FUNCTIONS:
 Direct Bribery (Art 210), Indirect Bribery (Art 211), Qualified
Bribery (Art 211-A), Corruption (Art 212), Fraud Against Public
Treasury and Similar Offenses (Art 213), Possession of
Prohibited interest (Art 216), Malversation of Public Funds or
Property (Art 217), Failure to Render Accounts (Art 218),
Failure to Render Account before leaving the country (Art 219),
Illegal Use of Public funds or property (Art 220), Failure to
make delivery of Public funds/property (Art 221), and
Falsification (Art 171).
CRIMES AGAINST NATIONAL SECURITY AND
LAW OF NATIONS DEFINED IN Title One of Book
two (Art 114-122, RPC)
 When rebellion, coup d’etat and sedition are committed abroad,
the Philippine courts will not have jurisdiction because they are
classified as crimes against public order.
 Outline of Book 1
Title One
 FELONIES AND CIRCUMSTANCES WHICH
AFFECT CRIMINAL LIABILITY (Arts. 3 to 15)
Title Two
 PERSONS CRIMINALLY LIABLE FOR
FELONIES (Arts. 16 to 20)
Title Three
 P E N A L T I E S (Arts. 21 to 88)

Title Four
 EXTINCTION OF CRIMINAL LIABILITY
( Arts. 89 – 99)
Title Five
 CIVIL LIABILITY (Arts. 100- 113)
Art. 3. Acts and omissions punishable by
law (Revised Penal Code) are felonies
(delitos).
Felonies are committed not only be
means of deceit (dolo) but also by means
of fault (culpa).
There is deceit when the act is
performed with deliberate intent and
there is fault when the wrongful act
results from imprudence, negligence,
lack of foresight, or lack of skill.
 Classification of Crimes
 Felonies = acts or omissions punishable
under the Revised Penal Code.
 Offenses = acts or omissions punishable
by Special laws.
 Infractions of law = acts or omission in
violation of city or municipal
ordinances.
 Elements of Felonies (IN GENERAL):
1. There must be an act or omission;
 Act = any bodily movement tending to produce some
effect in the external world. It must be external as
internal acts are beyond the sphere of penal law.
 Omission = inaction, failure to perform a positive
duty, which one is bound to do.
2. The act or omission must be punishable by the RPC.
(“Nullum crimen nulla poena sine lege” - “there is no
crime where there is no law punishing it”).
3. The act is performed or the omission is incurred, by
means of Malice or Deceit (dolo) or Fault (culpa).
 Felonies according to the means by which they are
committed:
1. Intentional Felonies – the act is performed or the omission is
incurred with deliberate intent or malice to do an injury.
Requisites of DECEIT (dolo) or MALICE: (FII)
 1. Freedom = voluntariness on the part of the person to commit the
act or omission. When a man acts without freedom, he is no longer a
human being but a tool.
 2. Intelligence = capacity to know and understand the consequence
of one’s act. Without this power, necessary to determine the morality
of human acts no crime can exist.
 3. Intent (Criminal) = the purpose is to use a particular means to
effect such result. Intent to commit an act with malice being purely
a mental process is presumed. Such presumption arises from the
proof of commission of an unlawful act. A mental Process, hence its
existence is shown by overt acts.
2. Culpable Felonies – performed without malice
Requisites of FAULT (culpa): (FIN)
 1. Freedom;
 2. Intelligence;
 3. Negligence, Imprudence, lack of foresight, or lack of skill.
 Negligence = indicates deficiency of perception; failure
to pay proper attention and to use diligence in foreseeing
the injury or damage impending to be caused. Usually
involves lack of foresight.
 Imprudence = indicates deficiency of action: failure to
take the necessary precautions to avoid injury to person or
damages to property. Usually involves lack of skill.
Reason for punishing acts of negligence: A man must use
common sense and exercise due reflection in all his acts; it
is his duty to be cautious, careful and prudent.
 Mistake of Fact = a misapprehension of fact on the part
of the person causing injury to another. Such person is
not criminally liable as he acted without criminal intent.
It destroys the presumption of criminal intent which
arises upon the commission of a felonious act.
Requisites of mistake of fact as a defense:
 1. That the act done would have been lawful had the
facts been as the accused believed them to be.
 2. That the intention of the accused in performing the act
should be lawful.
 3. That the mistake must be without fault or carelessness
on the part of the accused.
 US vs Ah Chong (15 Phil 488) – the accused
was acquitted for killing the victim while
acting under a mistake of fact that the latter
was going to attack him and he had no
opportunity to ascertain the facts.
 People vs. Oanis (74 Phil 257) – the accused
police officers were at fault when they shot
the escaped convict, who was sleeping,
without first ascertaining his identity.
 MALA PROHIBITA –(the third class of crimes)
punishable by Special Laws and where criminal
intent is not , as a rule, necessary, it being sufficient
that the offender has the intent to sufficient that the
offender has the intent to perpetrate the act
prohibited by the special law. It involves an act
which is wrong only because it is prohibited, and it
is not inherently immoral but becomes wrong only
because its commission is expressly prohibited by
positive law on considerations of public policy,
order and convenience.
 Motive = Is the reason or moving power which
impels one to commit an act for a definite result
WHEN MOTIVE IS RELEVANT?
 When there is doubt as to the identity of the assailant;
 In ascertaining the truth between two antagonistic
theories or version of the killing;
 Where the identification of the accused proceeds from an
unreliable source and the testimony is inconclusive and
not free from doubt;
 Where there are no eyewitnesses to the crime, and where
suspicion is likely to fail upon a number of persons;
 if the evidence is merely circumstantial; and
 To determine the specific nature of the crime.
Art. 4. Criminal liability. — Criminal liability
shall be incurred:
 1. By any person committing a felony ( delito)
although the wrongful act done be different
from that which he intended.
 2. By any person performing an act which
would be an offense against persons or
property, were it not for the inherent
impossibility of its accomplishment or an
account of the employment of inadequate or
ineffectual means. (Impossible Crime)
PART 1: Criminal liability for a felony different from
that which is intended to be committed:
 Rationale: He who is the cause of the cause is the
cause of the evil caused (el que es causa de la causa
es causa del mal causado)
REQUISITES:
 That an intentional felony has been committed;

 That the felony be different from what is intended;

No intentional felony when:

 The act or omission is not punishable by RPC; or

 The act is covered by any of the justifying

circumstances in Art 11 of the RPC.
 PROXIMATE CAUSE = that cause, which, in the
natural and continuous sequence, unbroken by any
efficient intervening cause, produces the injury
without which the result would not have occurred.
Crimes of Mistake
 1. Error in personae – mistake in the identity
of the victim.
 2. Abberatio ictus – mistake in the blow
thereby hitting a different and/or another
victim.
 3. Praeter intentionem – injuries result is
greater than that intended.
Death is presumed to be the natural consequence of
physical injuries inflicted when:
 The victim at the time the physical injuries were inflicted
was in normal health.
 The death may be expected from the physical injuries
inflicted
 Death ensued within a reasonable time.

Felony committed is NOT the proximate cause of the

resulting injury when:
 1. There is an active force between the felony
committed and the resulting injury, such active force is
distinct from the felony committed.
 2. The resulting injury is due to the intentional act of
the victim ---i.e. fault or carelessness of the victim to
increase the criminal liability of the assailant.
 PART 2 – IMPOSSIBLE CRIME
Any person performing an act which would be an
offense against persons or property, were it not
for the inherent impossibility of its
accomplishment or an account of the
employment of inadequate or ineffectual means.
Requisites:
 That the act performed would be an offense
against persons or property.
 That the act was done with evil intent
 That its accomplishment is inherently impossible,
or that the means employed is either inadequate
or ineffectual
 Legal Impossibility – When the intended act, even if completed
would not amount to a crime. E.g. Stealing a property that turned
out to be owned by the stealer.
 Physical impossibility – when extraneous circumstances unknown
to the actor or beyond his control prevent the consummation of the
intended crime. E.g. When one tries to murder a corpse.
 Employment of inadequate means – i.e. small quality of poison
which is inadequate to kill a person.
 Employment of inefficient means – i.e. accused fired a gun, not
knowing that it was empty.
 That the act performed should not constitute a violation of another
provision of the RPC.
The penalty would be Arresto Mayor.
 NOTE: Where the acts performed which would have resulted in an
impossible crime also (a) constitute an offense under the RPC or (b)
would subject the accused to criminal liability although in a different
category, the penalty to be imposed should be that for the latter and not
for an impossible crime.
There is no attempted or frustrated impossible crime.
Art. 5. Duty of the court in connection with acts which
should be repressed but which are not covered by the
law, and in cases of excessive penalties.
 Whenever a court has knowledge of any act which it may deem
proper to repress and which is not punishable by law, it shall
render the proper decision, and shall report to the Chief
Executive, through the Department of Justice, the reasons which
induce the court to believe that said act should be made the
subject of legislation.
 In the same way, the court shall submit to the Chief Executive,
through the Department of Justice, such statement as may be
deemed proper, without suspending the execution of the
sentence, when a strict enforcement of the provisions of this
Code would result in the imposition of a clearly excessive
penalty, taking into consideration the degree of malice and the
injury caused by the offense.
 Art. 6. Consummated, frustrated, and attempted
felonies. — Consummated felonies as well as those
which are frustrated and attempted, are punishable.
 Consummated = when all the elements necessary
for its execution and accomplishment are present.

= There are certain felonies which can be

consummated by a single act of the accused such
as treason, attempted to flight to an enemy
country, false testimony and perjury, physical
injuries, corruption of minors, slander and
various offenses of illegal possession of
prohibited articles. These crimes are
consummated upon commission.
Frustrated felony, Elements:
 The offender performs all the acts of execution

 All the acts performed would produce the

felony as a consequence.
 But the felony is not produced.

 By reason of causes independent of the will of

the perpetrator.
Attempted Felony, Elements:
 The offender commences the commission of the felony
directly by overt acts;
 He does not perform all the acts of execution which should
produce the felony;
 The non-performance of all acts of execution was due to a
cause or accident other than the offender’s own spontaneous
desistance.
 Overt Acts – some physical activity or deed, indicating
intention to commit a particular crime, more than a mere
planning or preparation, which is carried to its complete
termination following its natural course, without being
frustrated by external obstacles, not by voluntary
desistance of the perpetrator will logically ripen into a
concrete offense.
 Desistence = is an absolutory cause which negates
criminal liability because the law encourages a person to
desist from committing a crime.
TWO STAGES IN THE DEVELOPMENT OF CRIME:
 Internal Acts = such as mere ideas in the mind of
person. (not punishable).
 External Acts, covers:
 Preparatory act = ordinarily not punished except when
considered by law as independent crimes (e.g. Art 304,
Possession of picklock and similar tools as preparatory acts to
an intended robbery).
 Acts of Execution = punishable under the RPC
 Subjective Phase = that portion of the acts constituting
the crime, starting from the point where the offender
begins the commission of the crime to that point where
he has still control over his acts including their (acts)
natural course.
 Objective Phase = is the result of the acts of the
execution, that is, the accomplishment of the crime.
 Attempted stage = marks the commencement of
the subjective phase.
 Frustrated stage = the end thereof and the start
of the objective phase
 Consummated stage= if both subjective and
objective phase are present.
Factors in determining stage of execution of
felony (MEN)
 Nature of the offense;

 Elements constituting the felony; and

 Manner of committing the felony.

 Art. 7. When light felonies are punishable. — Light
felonies are punishable only when they have been
consummated, with the exception of those committed
against person or property.
 Art. 8. Conspiracy and proposal to commit felony. —
Conspiracy and proposal to commit felony are
punishable only in the cases in which the law
specially provides a penalty therefore.
 A conspiracy exists when two or more persons come to an
agreement concerning the commission of a felony and decide
to commit it.
 There is proposal when the person who has decided to commit
a felony proposes its execution to some other person or
persons.
Art. 9. Grave felonies, less grave felonies and light
felonies. — Grave felonies are those to which the law
attaches the capital punishment or penalties which in
any of their periods are afflictive, in accordance with
Art. 25 of this Code.
Less grave felonies are those which the law punishes
with penalties which in their maximum period are
correctional, in accordance with the above-mentioned
Art..
Light felonies are those infractions of law for the
commission of which a penalty of arrest menor or a
fine not exceeding 200 pesos or both; is provided.
Art. 10. Offenses not subject to the provisions of this
Code. — Offenses which are or in the future may be
punishable under special laws are not subject to the
provisions of this Code. This Code shall be
supplementary to
such laws, unless the latter should specially provide t
he contrary.
Gen. Rule: The RPC provisions are supplementary to
special laws:
Exceptions:
 1. Where the special law specifically provides otherwise.
 2. When the provisions of the RPC are impossible of
application, either by express provisions or by necessary
implication.
Chapter 2 – Circumstances affecting Criminal Liability

 Imputability = the quality by which an act may be

ascribed to a person as its author or owner. It implies
that the act committed has been freely and consciously
done and may therefore be put down to the doer as his
very own
 Responsibility = the obligation of suffering the
consequences of crime. It is the obligation of taking the
penal and civil consequences of the crime.
 Guilt = an element of responsibility, for a man cannot be
made to answer for the consequences of a crime unless
he is guilty.
Justifying Exempting Mitigating Aggravatin Alternative
g
Act –lawful Complete Do not Penalty Must be taken
No Criminal and absence of entirely free imposed in its into
Civil Liability. intelligence, the actor maximum consideration
(Except. Par. 4, freedom of from period or as aggravating
Art 11, RPC) action or criminal change the or mitigating.
intent or on liability, but nature of the :(RID)
An affirmative the absence serve only to crime.
defense. Relationship
of negligence reduce the Based on the
Burden of proof penalty . Intoxication
There is greater
is on the crime but no Diminution perversity of Degree of
accused. Criminal Instruction and
of either: FII the offender.
Clear and Liability education of
or lesser
convincing (Except Par. perversity of the Offender
evidence. 4, Art 12) the offender.
Lack of criminal
 Art. 11. Justifying circumstances. — The
following do not incur any criminal liability:
(D3AFO)
1. Anyone who acts in defense of his person or
rights, provided that the following
circumstances concur; (URL)
  First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the
part of the person defending himself.
2. Any one who acts in defense of the person or rights of
his spouse, ascendants, descendants, or legitimate,
natural or adopted brothers or sisters, or his relatives by
affinity in the same degrees and those consanguinity
within the fourth civil degree, provided that the first and
second requisites prescribed in the next preceding
circumstance are present, and the further requisite, in
case the provocation was given by the person attacked ,
that the one making defense had no part therein.
(Defense of Relative)
 3. Anyone who acts in defense of the person or rights
of a stranger provided that the first and second
requisites mentioned in the first circumstance of this
Art. are present and that the person defending be not
induced by revenge, resentment, or other evil motive.
 4. Any person who, in order to avoid an evil or injury,
does an act which causes damage to another,
provided that the following requisites are present;
(Accident)
First. That the evil sought to be avoided actually exists;
Second. That the injury feared be greater than that done to avoid it;
Third. That there be no other practical and less harmful means of preventing it.
 5. Any person who acts in the fulfillment of a duty or in the
lawful exercise of a right or office.

 6. Any person who acts in obedience to an order issued by

a superior for some lawful purpose.

RETALIATION = Inceptual unlawful aggression had already

ceased when the accused attacked him.

SELF-DEFENSE = Unlawful aggression was still existing

when the aggressor was injured by the person making the
defense. There must be no appreciable time interval
between the unlawful aggression and the killing.
 Art. 12. Circumstances which exempt from criminal
liability. — the following are exempt from criminal
liability:
 1. An imbecile or an insane person, unless the latter has
acted during a lucid interval.
When the imbecile or an insane person has
committed an act which the law defines as a felony
(delito), the court shall order his confinement in one of
the hospitals or asylums established for persons thus
afflicted, which he shall not be permitted to leave without
first obtaining the permission of the same court.
 Imbecility = exist when a person, while of advanced
age, has a mental development comparable to that of
children between two and seven years of age.
 Insanity = exists when there is a complete deprivation
of intelligence or freedom of the will. Mere abnormality
of mental faculties is not enough especially if the
offender has not lost consciousness of his acts.

An insane person is not so exempt if it can be

shown that he acted during a lucid interval. But an
imbecile is exempt in all cases from criminal liability.
People vs. Formigenes (87 Phil 661) –
feeblemindedness is not exempting.
2. A person under nine years of age. (R.A. 9344 – 15 below)

3. A person over nine years of age and under fifteen, unless he

has acted with discernment, in which case, such minor shall be
proceeded against in accordance with the provisions of Art. 80
of this Code. (R.A. 9344 – over 15 but under 18)
When such minor is adjudged to be criminally
irresponsible, the court, in conformably with the provisions of
this and the preceding paragraph, shall commit him to the care
and custody of his family who shall be charged with his
surveillance and education otherwise, he shall be committed to
the care of some institution or person mentioned in said Art. 80.
(Repealed by R.A. 9344)
 Classification of Age
15 below = age of full irresponsibility.
Over 15 under 18 = age of conditional responsibility.
Depending on whether or nor acted with discernment.
Discernment = mental capacity to fully appreciate
the consequences of an unlawful act.
It may be shown by: (1) The manner the crime was
committed; or (2) the conduct of the offender after its
commission.
18 yrs old = age of majority (legal age– R.A. 6809)
18 yrs old to 70= age of full responsibility.
 4. Any person who, while performing a lawful act with
due care, causes an injury by mere accident without fault
or intention of causing it.

Accident = is an occurrence that happens outside the sway of

our will, and although it comes about through some act or our
sill lies beyond the bounds of humanly foreseeable
consequences.
BASIS: Lack of negligence or intent.
Requisites:
 A person is performing a lawful act;
 With due care;
 He causes injury to another by mere accident; and
 Without fault or intention of causing it.
 5. Any person who act under the
compulsion of irresistible force.
REQUISITES:
 That the compulsion is by means of physical force;
 That the physical force must be irresistible; and
 That the physical force must come from a third person.
 Passion and obfuscation cannot amount to irresistible force.

BASIS: Complete absence of freedom or voluntariness.

 6. Any person who acts under the impulse of an
uncontrollable fear of an equal or greater injury.
Elements:
 1. That the treat which causes the fear is of an evil
greater than, or at least equal to, that which he is
required to commit;
 2. That is promises an evil of such gravity and
imminence that the ordinary man would have
succumbed to it.
 7. PERSON WHO FAILS TO PERFORM AN ACT
REQUIRED BY LAW, WHEN PREVENTED BY
SOME INSUPERABLE CUASE
Insuperable cause = some motive which has lawfully,
morally or physically prevented a person to do what
the law commands.
ELEMENTS:
 1. That an act is required by law to be done;
 2. That a person fails to perform such act; and
 3. That his failure to perform such act was due to
some lawful or insuperable cause.
ABSOLUTORY CAUSES = are those where the act committed is a crime but
for reasons of public policy and sentiment, there is no penalty imposed.
Other absolutory causes:
1. Spontaneous desistance (Art 6)
2. Accessories who are exempt from criminal liability by reason of
relationship (Art 20).
3. Legal spouse or parent who inflicts slight physical injuries under
exceptional circumstances (Art 247).
4. Person exempt from criminal liability for theft swindling and malicious
mischief by relationship to the offended party (Art 332).
5. Instigation = When a person induces the would be accused to commit
the crime hence he becomes a co-principal which would result to the
acquittal of the accused.

Entrapment = It refers to the ways and means resorted to for the capture
of lawbreaker in the execution of his criminal plan. A buy-bust operation
conducted in connection with illegal activities such as drug related
offenses is a form of an entrapment. This is not a bar to the prosecution
and conviction of the law breaker.